Appellate Division: Second Judicial Department

M138741

E/sl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2011-10802 Melissa Peres, appellant, v Michael R. Peres, respondent. (Index No. 11-530)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the record on an appeal from a decision of the Supreme Court, Rockland County, dated October 21, 2011, to include certain documents, and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion the notice of appeal from the decision dated October 21, 2011, is deemed to be a premature notice of appeal from an order of the same court dated November 28, 2011 (see CPLR 5520[c]); and it is further,

ORDERED that on or before June 22, 2012, the appellant shall serve and file a supplemental record containing the order dated November 28, 2012; and it is further,

ORDERED that the branch of the motion which is to enlarge the record is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until July 5, 2012, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., ENG, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court